Rule 3- The Right to Unmake Any Law

Question 1

Godden v Hales (1686)

Answer 1

if an act of parliament had a clause in it that it should never be repealed, yet without question, the same power that made it may repeal it’

Question 2

The Right to Unmake Any Law (2 Points)

Answer 2

• in other words, Parliament can repeal, change or alter any act it wishes
• no parliament can be bound by its predecessor or bind a successor

Question 3

The Doctrine of Implied Repeal(4 Points)

Answer 3

• parliament may expressly repeal any previous law
• the court MUST then give effect to the later statute
• BUT parliament may not have expressly repealed earlier legislation leaving two or more conflicting statutes
• this is when the doctrine of implied repeal applies:
  ▪ courts are required to apply the most recent statute, considering earlier law to be impliedly repealed

Question 4

Vauxhall Estates v Liverpool Corp.

Answer 4

held if two acts are inconsistent to the extent that they cannot stand together, then the earlier act is impliedly repealed by the later in accordance

Question 5

Ellen Street Estates v Minister for Health (2 Points)

Answer 5

• held that the legislature cannot bind itself in terms of future legislation
• if parliament makes it perfectly obvious they wish to repeal the earlier act, it must have effect and the later act shall be implemented

Question 6

Limits on Implied Repeal? - Thoburn v Sunderland City Council

Answer 6

it was ruled that there is a hierarchy of statutes: there are regular statutes, which can be impliedly repealed; and ‘constitutional’ statutes which can only be expressly repealed